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What type of notice needs to be given before repossession of a vehicle?


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2007-08-05 02:51:42
2007-08-05 02:51:42

Actually a company can reposses your vehicle without notice. When the terms of a finance contract is broken the company has all rightd at that time.

They are under no obligation to notify you.

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The creditor can obtain a replevin order from the court if it becomes necessary. Wisconsin is the only state which requires a replevin order to be in place before a vehicle can be recovered. All other states allow repossession under the UCC laws, although some do require the borrower to be notified and given a specified time to bring the account current before the vehicle can be seized..

In Virginia, the law states a lender must submit notice in writing at least 10 days before a car is to be repossessed. Therefore, car payments that are late can be subject to repossession at anytime, provided notice has been given.

Yes, if the bank has given notice to the estate representative or the heirs.Yes, if the bank has given notice to the estate representative or the heirs.Yes, if the bank has given notice to the estate representative or the heirs.Yes, if the bank has given notice to the estate representative or the heirs.

An "Advanced Beneficiary Notice" (ABN) is a notice given to Medicare beneficiaries letting them know what medical services Medicare is not likely to pay for, and is given to patients before the service is performed.

No. The court would require that you be given notice and your spouse must provide proof that notice was given.No. The court would require that you be given notice and your spouse must provide proof that notice was given.No. The court would require that you be given notice and your spouse must provide proof that notice was given.No. The court would require that you be given notice and your spouse must provide proof that notice was given.

You don't have to be given "any notice" of an impending repossession. That is all covered in the fine print that you signed when you got the loan or bought the car. Best thing is to contact your lender and see if you can work something out.

No. Unless they're given permission from the owner of the other vehicle, they can only legally enter and move the vehicle they have an order for repossession on. If they move another vehicle, they're guilty of a criminal offense.

Yes, due process of law requires that you be given notice of the pending garnishment and an opportunity to be heard an whether it is proper or not.

If it's a month-to-month tenancy then the landlord must give you at least a month's notice BEFORE the next rent is due, before he can increase it. If the rent term is week to week, then at least a week's notice is given BEFORE the next rent is due. Now, if the term is a defined term on a lease, then the rent increase cannot take effect before the lease expires by which time a minimum of 30-day notice must be given.

The law on derelict vehicles in Missouri is that they will be removed from the property. The owner is typically given a 5 day notice to remove the vehicle. If they do not comply, the vehicle will be removed by the authorities and fees will be assessed to the owner of the vehicle.

If the rent is due every week, then the landlord usually must give a week's notice before the next rent is due; if it's every month, then a month's notice is given before the next rent is due.

I presume a tenant at will is someone who does not have a lease. Any notice you give to such tenant depends on how often that tenant must pay his rent. If he pays his rent every week, then the notice must be given at least one week before the next rent is due. If the tenant is a month-to-month tenant, then such notice must be given at least one month before the next rent is due.

Yes. That means in the event you try and sell your home, any monies received from the home their portion is given to them first. YES, IF the lender has a JUDGMENT against you.

A notice should be given for a court date as soon as it is set.

In the state of Nevada, if you do not make payments on a car you are buying, it can be repossessed with no notice given to you. Once repossessed, you will still be liable for all further payments even if the car is sold at auction to another buyer.

They can charge storage from day ONE of the repo. Read your contract. MERRY CHRISTMAS That last answer is only partially correct. In California repo men are required to send you an initial notice that has to have some specific things listed in it. Its called the notice of seizure. One of the things is that they have to tell you the towing and storage fees associated with the vehicle. That first notice (which must be given within 48 hours of seizure unless part of that 48 hours is a Sat. or Sun. the they have 72 hours to notify you) allows them to charge for the first fifteen days. After that initial notice they are required to mail you another notice, certified mail, before the fifteen days expire in order to be able to to charge you for more than that first fifteen days. If they dont mail that second notice then they can only charge you for fifteen days. If they dont mail you the first notice telling you the charges then they give up any right to any compensation for storage or towing

The lender may hire a repossession company to recover the vehicle. Attempts will be made to contact you, to give you the opportunity to surrender the vehicle. If this fails, repossession agents will be given an order to recover the unit, and you may walk out of Walmart or the Piggly Wiggly one night to find the vehicle is not where you parked it. Your ice cream will melt, your children will cry, and you will have to rely upon the kindness of friends or family to drive you around until you can convince another lender to write a loan for you.

Absolutely! A 30 day notice has to be given in such cases before the landlord can file eviction proceedings.

Yes. If the rent is on a written lease then the lease must expire, and the landlord must give at least 30-days notice before the lease expires. If the rent is on a month-to-month basis, then the landlord must give a 30-day notice before the next rent is due. If the rent is on a weekly basis then the notice must be given at least one week before the rent is due.

Yes, we will most definitely repo you. No notice will be given except to the local police afterwards.

Some leases automatically renew themselves if notice is not given within a certain amount of time before the end of the lease term.

Depending on your contract with the lender or repossession forwarding company, they could be responsible for the storage fees and recovery costs. Ultimately the car's owner is responsible. If the fees have not been paid and you feel they will not be, and you have not released the vehicle yet, do not release it. The vehicle is the only security you have against payment.

It really depends on where you reside. Some states such as Illinois, under their new licensing laws for recovery agents mandate that the repossessor notify the police before the repossession and again after it is complete. Most states require notice after the repossession but there are a few jurisdiction in some of those states that require prenotice to the local law enforcement agency. NO THE ORDER IS GIVEN FROM THE LENDER TO RECOVERY AGENT THE POLICE NEVER GET THIS INFO? The police only know when the tow driver is enroute to pick up the vehicle. If the owner calls in the morning to report their car stolen, we will have a note stating the car was repo'd and to contact their lender. Most drivers do not do this, even though they should. We do not keep any records. And the lender CANNOT report the vehicle stolen. no in the state of pa police are notified only when the car is being taken by the recovery agent they do not know ahead of time

In short, if you have not received the Notice Of Seizure (NOS), or it was not postmarked within the 48 hour window, you should contact the creditor and report it. You may also file a complaint with the state board of licensing and regulation against the repossession agency. It is wise to check first with your local post office to make certain there was no mistake in delivery. Be aware also that the agencies is required to send mail only to the address given by you to the creditor. If you failed to notify the creditor of a change of address, colloquially speaking, you are out of luck.Perspective on the situation:This is one of the most common excuses given by those who have had vehicles repossessed. The fact is that every state has different regulations regarding repossession, and notification of repossession comes in different ways at different times. California is what is referred to as a self-help state. This means that creditors, the issuer and holder of the loan, may recover the collateral of the loan (the car) in the event the loan payments are not made OR, in many cases, insurance coverage is permitted to lapse. The repossessing agent may recover the vehicle at any time, anywhere, so long as he does not breach the peace. Agent may not enter buildings where the vehicle is stored, unless the owner of the building consents to the agent entering.Within 48 hours of possession of the vehicle, repossession agents in California must serve notice to the debtor, a Notice of Seizure. The NOS may be served in person or by mail. Most repossession agents prefer to take the safer route and send the NOS via USPS. The contact information of the repossession agent as well as that of the creditor and the creditor's legal representative (lawyer) must be included on the NOS. Legal statute must also appear on the NOS. Within 24 hours of recovery, the agent must make an inventory of all property within the vehicle that is not attached to the vehicle. Many agencies are careful to also inventory add-on or aftermarket improvements to the vehicle. Typical the personal property inventory is also sent with the NOS along with instructions on how this property may be claimed and collected. Debtors have 60 days in California to claim personal property, however the repossession agency has the right to charge storage fees for unclaimed property that must be paid prior to collection of it by the debtor. After 60 days, the property can be disposed of as the agent sees fit, and storage fees are often added to the amount of the original debt along with legal fees, auction fees, storage fees for the vehicle, transport costs, and the actual repossession fees. In many cases, the debt owed can increase by 50-100%.If the vehicle is not reclaimed by the debtor with the payment of the defaulted amount and reaffirmation of the loan by the creditor, the vehicle will be sold, typically at auction. Funds secured by the sale will be applied to the debt. In the rare event that the sales amount exceeds the owed amount, a check for the difference will be refunded to the debtor.

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